DUI Checkpoints Are Illegal in Michigan

First things first—Michigan does not allow DUI checkpoints. The Michigan Court of Appeals has ruled that sobriety checkpoints violate the Michigan Constitution. This ruling makes it illegal for police to randomly stop drivers without reasonable suspicion, even if the intent is deterring drunk driving.

This means that, unlike in neighboring states like Ohio or Indiana where police may set up roadside checkpoints to screen for impaired drivers, Michigan officers do not have legal authority to stop vehicles without some sort of individualized suspicion of wrongdoing. This puts drivers' Fourth Amendment rights front and center, reaffirming protection against unreasonable searches and seizures.

So while you won’t find yourself rolling up to a flashing sign saying "Sobriety Checkpoint Ahead" on I-275 or M-14 this Memorial Day, don’t think for a second that DUI enforcement disappears. Far from it.

What Happens Instead: Saturation Patrols

Just because formal checkpoints are off the table doesn’t mean Michigan law enforcement is standing down. Instead, police departments across the state increase their presence on the roads during high-risk times like weekends, holidays, and special events. These are referred to as saturation patrols.

During a saturation patrol, officers are placed in strategic locations—often near entertainment districts, major highways, or known trouble spots—with the specific goal of identifying and arresting impaired drivers. Unlike checkpoints, these patrols rely on traditional traffic stops, meaning an officer must observe some form of violation or suspicious behavior to initiate a stop.

Common reasons for traffic stops during saturation patrols include:

• Weaving or swerving
• Driving too slow or too fast
• Failing to signal
• Running a stop sign or red light
• Equipment violations, like a burned-out headlight

Once stopped, if the officer suspects you’ve been drinking or using drugs, they’ll conduct standard procedures like field sobriety tests or a preliminary breath test (PBT).

Your Legal Rights During a Traffic Stop in Michigan

Getting pulled over is stressful—but knowing your rights can help make the situation go smoother and mitigate risk. Here's what you should keep in mind if you're stopped during a saturation patrol in Michigan:

1. You Must Provide ID, Registration, and Proof of Insurance

Michigan law requires drivers to provide a valid driver’s license, vehicle registration, and proof of insurance when requested by law enforcement. Failure to do so can lead to additional charges—even if you haven’t had a drop to drink.

2. Field Sobriety Tests Are Voluntary

You are not legally obligated to complete field sobriety tests such as the walk-and-turn or one-leg stand. These tests are subjective and rely heavily on the officer’s opinion. Politely declining them is within your rights, but it may increase the likelihood of arrest if the officer already suspects impairment.

3. Preliminary Breath Tests (PBTs)

If you’re over 21, you can refuse a PBT prior to being arrested, but doing so results in a civil infraction and a fine. Keep in mind, refusal of a preliminary test is not the same as refusing the Datamaster breath test at the station, which carries far more serious consequences.

4. Implied Consent and the Stationary Breath Test

Once you’re arrested, Michigan’s Implied Consent Law kicks in. This law requires licensed drivers to submit to a chemcial test (usually breath or blood) if arrested for DUI. Refusing the test leads to automatic license suspension for one year and six points on your driving record.

Even worse, that suspension stands regardless of whether or not you’re ever convicted of DUI. These penalties are in place simply because you refused the test post-arrest.

What to Do If You're Pulled Over and Suspected of DUI

Here’s a breakdown of what you should (and shouldn't) do when confronted with a police stop where alcohol or drugs may be suspected:

• Stay calm and polite: Arguing or acting combatively only escalates the situation and can be used against you later.
• Limit what you say: You’re required to offer your documents, but you are not required to answer questions about where you’ve been or whether you’ve had anything to drink.
• Don't volunteer information: Admitting you had a “couple drinks” is just more evidence that can become part of the police report.
• Know when to ask for an attorney: You can always—and should—politely tell the officer you want to speak to a lawyer before answering questions, especially after you’ve been arrested.

The bottom line: stay respectful, protect your rights, and don’t give the police any more than you are legally obligated to.

DUI Penalties in Michigan

Penalties for Operating While Intoxicated (OWI) in Michigan are harsh—even for a first offense. Here’s a quick look at what you could be facing:

• First Offense: Up to 93 days in jail, fine up to $500, 6 points on your license, license suspension for 30 days followed by 150 days of restricted driving, and possible community service.
• Super Drunk (BAC ≥ 0.17): Up to 180 days in jail, fine up to $700, one-year license suspension, and mandatory alcohol treatment programs.
• Second Offense: Mandatory jail time (at least 5 days), longer license suspensions, higher fines, and the possibility of a vehicle immobilization order.
• Third Offense (Felony): Up to 5 years in prison, thousands in fines, license revocation, vehicle forfeiture, and a felony record.

Even a single DUI conviction can impact your job, your ability to drive, and your entire future. That’s why it’s critical to fight back.

Getting Legal Help After a DUI Arrest in Michigan

If you’ve been arrested for DUI or are concerned about a recent law enforcement encounter, you need experienced legal help—now. Having an attorney who knows how Michigan enforces DUI laws and who is familiar with the local courts can make a huge difference in the outcome of your case.

Call experienced DUI defense lawyer Aaron J. Boria at (734) 453-7806 for a free consultation. We’ve obtained dismissals, reductions, and license restorations for clients all over Michigan. Sometimes, clients think the situation is hopeless—but there’s often more we can do than you realize.

If your license is at risk, your job is on the line, or you’re facing jail time, don’t wait another minute. DUI defense is not something to attempt alone.

Final Thoughts on DUI Enforcement in May

May is a beautiful time to be in Michigan. With longer days and events like Memorial Day, graduation parties, and nights out at the ballpark, it's easy to see how drinking and driving incidents tick upward during this part of the year. While DUI checkpoints aren’t part of the equation here in Michigan, increased patrols and enforcement certainly are.

Be aware of the law, know your rights during a traffic stop, and don't assume that declining field sobriety tests or requesting a lawyer makes you look guilty. It makes you smart. And it protects you.

If you or someone you love is facing a DUI charge after a traffic stop this May, don’t panic—but don’t ignore it either. The sooner you talk to an attorney, the better your defense will be.

Call Aaron J. Boria today at (734) 453-7806 for guidance, answers, and strong legal defense when and where you need it the most.